Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-07-07
zGrounds for the peclnion.

PORTLAND, OREGON, July ct ap-
/ pears from the petition on which Judge
/ DeaIy rendered his decision that the Ore
gon and California Road will be soon
connected NTH the California and Oregon
| Road, when the two will form q through
! line between Portland and San Francisco;
| that between these points there IS also
water communication by steamers end
sail vessels that carry passengers and
| freight a less than the average cost Of
transportation by rail between said
places and all intervening stations; that
the Oregon Pacific Railway, with the aid
Of steamers on the Willsmete river, now
receives q portion of the freight which
would otherwise be carried on the Ore
COn and California Road: that the Cana
dian Pacific connects with the line OF
steamers running between It's western
terminus and San Francisco, and that to
compete with such ell-WGter and rail ana
neutrality-suspicious. it is necessary
to make corresponding rates on the Ore
CCn and California road The receiver
asks:
l. Whether under the inter. state COM
MERGE act such rates can be made for
through traffic Is will enable the Oregon
same ct points where competition by
water CT rail exists, although the rates
for the long haul between Portland end
San Francisco or intervening points may
De less than those for shorter maui in the
same direction between places or such
points, and
.. Whether in conjunction with tie
Northern Pacific or olner transportation
lines the Oregon End California may not
meet the competition Of the Canadian
Pscidc or other lines on trans
continental business originating
to the north of Portland although its
share Of the through rate may be less than
the local charges over the road or it's I
share Of the through rate on competitive |
business between Portland and San Fran |
cisco. Judge DealY refers al some length |
TO the decision he made two years ago in I
the case eX psrte kOehler, in which he |
authorizes the receiver Of the Oregon and |
California road TO make lower rate Tor |
q competitive long haul than for q short !
haul Notwithstanding the act Of the Ore
con Legislature of 1855 known as the
"Hoult law" which prohibited corpora
tiCns from charging g greater rate for car
ryiDg similar property for
short haul than long oEe in
the same direction. The court
says: This opinion has been before the
world for more than two years, aud on
account Of the importance of the subject,
has attracted some attention, but so far
as l am aware, has received favorable
and time for reflection has
fully satisfied me of the justice of the
ruling. The Interstate commerce law is
intended among Othar THINGS tn OTpVe0t
between long and short
lauls, except where they are made under
dissimilar circumstancessand
conditions. In my judgment Congress in
limiting the prohibition contained in Sec Is
lion has recognized the rule laldf
down in ex parte Kohler as the
proper one. Freight carried to or from
| competitive point is always carried
lnder substantially dissimilar circuH-
stances and conditions from that carried +
% or from non-competitiYe points In {
he latter case the railway makes its own
ate. In the former case the .circum-